Winnipeg Free Press - PRINT EDITION

Sentence reduced because of upbringing

  • Print

MANITOBA'S highest court has reduced a convicted man's jail sentence and criticized a trial judge for failing to take into account the man's aboriginal background of generational abuse.

In a recent decision brought down by a three-member appeal panel, Guentin James Gabriel saw his sentence for four convictions of breaching terms of probation reduced to 12 months from 16 months.

Justice Freda Steel, who authored the Appeal Court decision, said the trial judge failed to properly consider Gabriel's background when determining the appropriate sentencing solution.

Gabriel was on probation in June 2012 following his completion of a manslaughter sentence, which required him to abide by numerous restrictions. He missed a bus home, which resulted in violating his curfew, and he was not at his sister's home to check in with probation that night.

Gabriel told court once he missed his bus, he feared he would be "breached" and sent to prison. He went into hiding at his girlfriend's house and skipped the counselling program.

The trial judge gave Gabriel a total sentence of 16 months, minus credit for the time served.

Gabriel's defence counsel appealed on the grounds the trial judge had erred in principle by not giving proper consideration to a special pre-sentence report -- known as a Gladue report -- that focused on how his aboriginal upbringing had influenced his decision-making and how he should be sentenced as a result.

Gabriel's Gladue report was brutal: He was raised on a reserve plagued with gangs and high unemployment, and was a victim of physical, emotional and sexual abuse. The trial judge read the Gladue report and said he had sympathy for Gabriel but concluded that based on his record, he had to be held accountable for his actions and imposed the 16-month sentence.

aldo.santin@freepress.mb.ca

Republished from the Winnipeg Free Press print edition June 15, 2013 A7

Fact Check

Fact Check

Have you found an error, or know of something we’ve missed in one of our stories?
Please use the form below and let us know.

* Required
  • Please post the headline of the story or the title of the video with the error.

  • Please post exactly what was wrong with the story.

  • Please indicate your source for the correct information.

  • Yes

    No

  • This will only be used to contact you if we have a question about your submission, it will not be used to identify you or be published.

  • Cancel

Having problems with the form?

Contact Us Directly
  • Print

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

You can comment on most stories on winnipegfreepress.com. You can also agree or disagree with other comments. All you need to do is be a Winnipeg Free Press print or e-edition subscriber to join the conversation and give your feedback.

Have Your Say

New to commenting? Check out our Frequently Asked Questions.

Have Your Say

Comments are open to Winnipeg Free Press print or e-edition subscribers only. why?

Have Your Say

Comments are open to Winnipeg Free Press Subscribers only. why?

The Winnipeg Free Press does not necessarily endorse any of the views posted. By submitting your comment, you agree to our Terms and Conditions. These terms were revised effective April 16, 2010.

letters

Make text: Larger | Smaller

LATEST VIDEO

Dustin Byfuglien reflects on season

View more like this

Photo Store Gallery

  • Hay bales sit under a rainbow just west of Winnipeg Saturday, September 3, 2011.(John Woods/Winnipeg Free Press)
  • Marc Gallant / Winnipeg Free Press.  Local/Weather Standup- Catching rays. Prairie Dog stretches out at Fort Whyte Centre. Fort Whyte has a Prairie Dog enclosure with aprox. 20 dogs young and old. 060607.

View More Gallery Photos

Poll

Do you think Manitoba needs stronger regulations for temporary workers?

View Results

View Related Story

Ads by Google